SB315-SSA2, s. 24 10Section 24. 153.05 (11) of the statutes, as affected by 1997 Wisconsin Act 27,
11is repealed.
SB315-SSA2, s. 25 12Section 25. 153.05 (13) of the statutes is created to read:
SB315-SSA2,8,1713 153.05 (13) The department may waive the requirement under sub. (1), (5) or
14(8) for a health care provider, who requests the waiver and presents evidence to the
15department that the requirement under sub. (1), (5) or (8) is burdensome, under
16standards established by the department by rule. The department shall develop a
17form for use by a health care provider in submitting a request under this subsection.
SB315-SSA2, s. 26 18Section 26. 153.07 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
19is amended to read:
SB315-SSA2,8,2220 153.07 (1) The board shall advise the director of the department with regard
21to the collection, analysis and dissemination of health care information required by
22this chapter.
SB315-SSA2, s. 27 23Section 27. 153.07 (2) of the statutes, as affected by 1997 Wisconsin Act 27,
24is repealed.
SB315-SSA2, s. 28 25Section 28. 153.07 (4) of the statutes is created to read:
SB315-SSA2,9,1
1153.07 (4) The board and the department shall jointly do all of the following:
SB315-SSA2,9,22 (a) Develop the rules that are required or authorized under this chapter.
SB315-SSA2,9,43 (b) Provide oversight on the standard reports under this chapter, including the
4reports under ss. 153.20 and 153.21.
SB315-SSA2,9,65 (c) Develop the overall strategy and direction for implementation of this
6chapter.
SB315-SSA2,9,87 (d) Provide information on their activities to the interagency coordinating
8council created under s. 15.107 (7).
SB315-SSA2, s. 29 9Section 29. 153.08 (2) (intro.) and (a) of the statutes are consolidated,
10renumbered 153.08 (2) and amended to read:
SB315-SSA2,9,1811 153.08 (2) No hospital may increase its rates or charge any payer an amount
12exceeding its rates that are in effect on May 12, 1992, unless the hospital first does
13all of the following: (a) Causes
causes to be published a class 1 notice under ch. 985
14in the official newspaper designated under s. 985.04 or 985.05 or in a newspaper
15likely to give notice in the area where the hospital is located, no sooner than 45 days
16and no later than 30 days before the proposed rate change is to take effect. The notice
17shall describe the proposed rate change and the time and place for the public hearing
18required under sub. (2)
.
SB315-SSA2, s. 30 19Section 30. 153.08 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
20is repealed.
SB315-SSA2, s. 31 21Section 31. 153.10 (1) (intro.) of the statutes, as affected by 1997 Wisconsin
22Act 27
, is renumbered 153.10 and amended to read:
SB315-SSA2,9,25 23153.10 Health care data reports. Beginning in 1990 and quarterly
24thereafter, the
The department shall prepare, and submit to the governor and the
25chief clerk of each house of the legislature for distribution to the legislature under

1s. 13.172 (2), in a manner that permits comparisons among hospitals, a report setting
2forth all of the following for every hospital for the preceding quarter:
standard
3reports that the department prepares and shall collect information necessary for
4preparation of those reports.
SB315-SSA2, s. 32 5Section 32. 153.10 (1) (a) and (b) of the statutes, as affected by 1997 Wisconsin
6Act 27
, are repealed.
SB315-SSA2, s. 33 7Section 33. 153.10 (2) of the statutes is repealed.
SB315-SSA2, s. 34 8Section 34. 153.15 of the statutes, as affected by 1997 Wisconsin Act 27, is
9repealed.
SB315-SSA2, s. 35 10Section 35. 153.20 of the statutes, as affected by 1997 Wisconsin Act 27, is
11amended to read:
SB315-SSA2,10,20 12153.20 Uncompensated health care services report. (1) Beginning in
131990 and annually thereafter, the
The department shall prepare, and submit to the
14governor and to the chief clerk of each house of the legislature for distribution to the
15legislature under s. 13.172 (2) a, an annual report setting forth the number of
16patients to whom uncompensated health care services were provided by each
17hospital and the total charges for the uncompensated health care services provided
18to the patients for the preceding year, together with the number of patients and the
19total charges that were projected by the hospital for that year in the plan filed under
20sub. (2).
SB315-SSA2,10,25 21(2) Beginning in 1990 and annually thereafter, every Every hospital shall file
22with the department a an annual plan setting forth the projected number of patients
23to whom uncompensated health care services will be provided by the hospital and the
24projected total charges for the uncompensated health care services to be provided to
25the patients for the ensuing year.
SB315-SSA2, s. 36
1Section 36. 153.21 of the statutes is created to read:
SB315-SSA2,11,7 2153.21 Consumer guide. The department shall prepare and submit to the
3governor and to the chief clerk of each house of the legislature for distribution to the
4legislature under s. 13.172 (2) an annual guide to assist consumers in selecting
5health care providers and health care plans. The guide shall be written in language
6that is understandable to lay persons. The department shall widely publicize and
7distribute the guide to consumers.
SB315-SSA2, s. 37 8Section 37. 153.25 of the statutes, as affected by 1997 Wisconsin Act 27, is
9repealed.
SB315-SSA2, s. 38 10Section 38. 153.30 of the statutes, as affected by 1997 Wisconsin Act 27, is
11repealed.
SB315-SSA2, s. 39 12Section 39. 153.35 of the statutes, as affected by 1997 Wisconsin Act 27, is
13repealed.
SB315-SSA2, s. 40 14Section 40. 153.40 of the statutes, as affected by 1997 Wisconsin Act 27, is
15repealed.
SB315-SSA2, s. 41 16Section 41. 153.45 (1) (intro.) of the statutes, as affected by 1997 Wisconsin
17Act 27
, is amended to read:
SB315-SSA2,11,2018 153.45 (1) (intro.) After completion of data verification and review procedures
19under s. 153.40 specified by the department by rule, the department shall release
20data in the following forms:
SB315-SSA2, s. 42 21Section 42. 153.45 (1) (a) of the statutes is amended to read:
SB315-SSA2,11,2222 153.45 (1) (a) Standard reports in accordance with ss. 153.10 to 153.35.
SB315-SSA2, s. 43 23Section 43. 153.45 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
24is amended to read:
SB315-SSA2,12,5
1153.45 (1) (b) Public use tapes data files which do not permit the identification
2of specific patients, physicians, employers or other health care providers, as defined
3by rules promulgated by the department
. The identification of these groups shall be
4protected by all necessary means, including the deletion of patient identifiers and the
5use of calculated variables and aggregated variables.
SB315-SSA2, s. 44 6Section 44. 153.45 (1) (c) of the statutes is amended to read:
SB315-SSA2,12,97 153.45 (1) (c) Custom-designed subfile tapes, other electronic media, special
8data compilations or reports containing portions of the public use tape data under
9par. (b).
SB315-SSA2, s. 45 10Section 45. 153.45 (3) of the statutes, as affected by 1997 Wisconsin Act 27,
11is amended to read:
SB315-SSA2,12,1512 153.45 (3) The department shall release physician-specific health care
13provider-specific
and employer-specific data, except in public use tapes data files as
14specified under sub. (1) (b), in a manner that is specified in rules promulgated by the
15department.
SB315-SSA2, s. 46 16Section 46. 153.45 (4) of the statutes is created to read:
SB315-SSA2,12,1817 153.45 (4) The department shall prohibit purchasers of data from rereleasing
18individual data elements of health care data files.
SB315-SSA2, s. 47 19Section 47. 153.45 (5) of the statutes is created to read:
SB315-SSA2,12,2420 153.45 (5) The department may not release any health care information that
21is subject to rules promulgated under s. 153.75 (1) (b) until the verification and
22review procedures required under those rules have been complied with. Nothing in
23this subsection prohibits release of health care provider-specific information to the
24health care provider to whom the information relates.
SB315-SSA2, s. 48
1Section 48. 153.50 of the statutes, as affected by 1997 Wisconsin Act 27, is
2amended to read:
SB315-SSA2,13,10 3153.50 Protection of patient confidentiality. Patient-identifiable data
4obtained under this chapter and contained in the discharge data base of the
5department
is not subject to inspection, copying or receipt under s. 19.35 (1) and may
6not be released by the department, except to the patient or to a person granted
7permission for release by the patient and except that a hospital, a physician health
8care provider
or the agent of a hospital or physician health care provider may have
9access to patient-identifiable data to ensure the accuracy of the information in the
10discharge data base.
SB315-SSA2, s. 49 11Section 49. 153.60 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
12is amended to read:
SB315-SSA2,14,513 153.60 (1) The department shall, by the first October 1 after the
14commencement of each fiscal year, estimate the total amount of expenditures under
15this chapter for the department and the board for that fiscal year for data collection,
16data base development and maintenance, generation of data files and standard
17reports, orientation and training provided under s. 153.05 (9) and maintaining the
18board
. The department shall assess the estimated total amount for that fiscal year
19less the estimated total amount to be received for purposes of administration of this
20chapter
under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance
21of the amount received for purposes of administration of this chapter under s. 20.435
22(1) (hi) from the prior fiscal year, to hospitals in proportion to each hospital's
23respective gross private-pay patient revenues during the hospital's most recently
24concluded entire fiscal year
health care providers who are in a class of health care
25providers from whom the department collects data under this chapter in a manner

1specified by the department by rule. No health care provider that is not a facility may
2be assessed under this subsection an amount that exceeds $75 per fiscal year
. Each
3hospital health care provider shall pay the assessment on or before December 1. All
4payments of assessments shall be deposited in the appropriation under s. 20.435 (1)
5(hg).
SB315-SSA2, s. 50 6Section 50. 153.60 (2) of the statutes, as affected by 1997 Wisconsin Act 27,
7is repealed.
SB315-SSA2, s. 51 8Section 51. 153.60 (3) of the statutes is created to read:
SB315-SSA2,14,199 153.60 (3) The department shall, by the first October 1 after the
10commencement of each fiscal year, estimate the total amount of expenditures
11required for the collection, database development and maintenance and generation
12of public data files and standard reports for health care plans that voluntarily agree
13to supply health care data under s. 153.05 (6r). The department shall assess the
14estimated total amount for that fiscal year to health care plans in a manner specified
15by the department by rule and may enter into an agreement with the office of the
16commissioner of insurance for collection of the assessments. Each health plan that
17voluntarily agrees to supply this information shall pay the assessments on or before
18December 1. All payments of assessments shall be deposited in the appropriation
19under s. 20.435 (1) (hg) and may be used solely for the purposes of s. 153.05 (6r).
SB315-SSA2, s. 52 20Section 52. 153.65 of the statutes, as affected by 1997 Wisconsin Act 27, is
21amended to read:
SB315-SSA2,15,3 22153.65 Provision of special information; user fees. The department may
23provide, upon request from a person, a data compilation or a special report based on
24the information collected by the department under s. 153.05 (1), (3), (4) (b), (5), (7)
25or (8) or 153.08
. The department shall establish user fees for the provision of these

1compilations or reports, payable by the requester, which shall be sufficient to fund
2the actual necessary and direct cost of the compilation or report. All moneys collected
3under this section shall be credited to the appropriation under s. 20.435 (1) (hi).
SB315-SSA2, s. 53 4Section 53. 153.75 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
5is amended to read:
SB315-SSA2,15,86 153.75 (1) (b) Establishing procedures under which hospitals and health care
7providers are permitted to review and verify patient-related information prior to its
8submission to the department
.
SB315-SSA2, s. 54 9Section 54. 153.75 (1) (c), (d), (e), (i) and (j) of the statutes are repealed.
SB315-SSA2, s. 55 10Section 55. 153.75 (1) (f), (k) and (L) of the statutes are amended to read:
SB315-SSA2,15,1211 153.75 (1) (f) Governing the release of physician-specific health care
12provider-specific
and employer-specific data under s. 153.45 (3).
SB315-SSA2,15,1413 (k) Establishing methods and criteria for assessing hospitals and ambulatory
14surgery centers
health care providers under s. 153.60 (1).
SB315-SSA2,15,1615 (L) Defining the term "uncompensated health care services" for the purposes
16of ss. 153.05 (1) (d) and s. 153.20.
SB315-SSA2, s. 56 17Section 56. 153.75 (1) (m), (n), (o), (p), (q), (r), (s) and (t) of the statutes are
18created to read:
SB315-SSA2,15,2019 153.75 (1) (m) Specifying the classes of health care providers from whom claims
20data and other health care information will be collected.
SB315-SSA2,15,2121 (n) Specifying the uniform data set of health care information to be collected.
SB315-SSA2,15,2322 (o) Specifying the means by which the information in par. (b) will be collected,
23including the procedures for submission of data by electronic means.
SB315-SSA2,16,224 (p) Specifying the methods for using and disseminating health care data in
25order for health care providers to provide health care that is effective and

1economically efficient and for consumers and purchasers to make informed decisions
2in selecting health care plans and health care providers.
SB315-SSA2,16,43 (q) Specifying the information to be provided in the consumer guide under s.
4153.21.
SB315-SSA2,16,65 (r) Specifying the standard reports that will be issued by the department in
6addition to those required in ss. 153.20 and 153.21.
SB315-SSA2,16,77 (s) Defining "individual data elements" for purposes of s. 153.45 (4).
SB315-SSA2,16,98 (t) Establishing standards for determining under s. 153.05 (13) if a
9requirement under s. 153.05 (1), (5) or (8) is burdensome for a health care provider.
SB315-SSA2, s. 57 10Section 57. 153.75 (2) (intro.) of the statutes, as affected by 1997 Wisconsin
11Act 27
, is amended to read:
SB315-SSA2,16,1312 153.75 (2) (intro.) With the Following approval of by the board, the department
13may promulgate all of the following rules:
SB315-SSA2, s. 58 14Section 58. 153.75 (2) (b) of the statutes is repealed.
SB315-SSA2, s. 59 15Section 59. 153.75 (2) (d) of the statutes is created to read:
SB315-SSA2,16,1816 153.75 (2) (d) Specifying the information collected under any voluntary system
17of health care plan reporting under s. 153.05 (6r) and the methods and criteria for
18assessing health care plans that submit data under that subsection.
SB315-SSA2, s. 60 19Section 60. 153.90 (1) and (2) of the statutes are amended to read:
SB315-SSA2,16,2220 153.90 (1) Whoever intentionally violates s. 153.45 (5) or 153.50 or rules
21promulgated under s. 153.75 (1) (a) may be fined not more than $10,000 or
22imprisoned for not more than 9 months or both.
SB315-SSA2,17,4 23(2) Any person who violates this chapter or any rule promulgated under the
24authority of this chapter, except ss. 153.45 (5), 153.50 and 153.75 (1) (a), as provided
25in s. 153.85 and sub. (1), shall forfeit not more than $100 for each violation. Each day

1of violation constitutes a separate offense, except that no day in the period between
2the date on which a request for a hearing is filed under s. 227.44 and the date of the
3conclusion of all administrative and judicial proceedings arising out of a decision
4under this section constitutes a violation.
SB315-SSA2, s. 61 5Section 61. 610.70 of the statutes is created to read:
SB315-SSA2,17,7 6610.70 Disclosure of personal medical information. (1) Definitions. In
7this section:
SB315-SSA2,17,118 (a) "Health care provider" means any person licensed, registered, permitted or
9certified by the department of health and family services or the department of
10regulation and licensing to provide health care services, items or supplies in this
11state.
SB315-SSA2,17,1512 (b) "Individual" means a natural person who is a resident of this state. For
13purposes of this paragraph, a person is a state resident if his or her last-known
14mailing address, according to the records of an insurer or insurance support
15organization, was in this state.
SB315-SSA2,17,2316 (c) 1. "Insurance support organization" means any person that regularly
17engages in assembling or collecting personal medical information about natural
18persons for the primary purpose of providing the personal medical information to
19insurers for insurance transactions, including the collection of personal medical
20information from insurers and other insurance support organizations for the
21purpose of detecting or preventing fraud, material misrepresentation or material
22nondisclosure in connection with insurance underwriting or insurance claim
23activity.
SB315-SSA2,17,2524 2. Notwithstanding subd. 1., "insurance support organization" does not include
25insurance agents, government institutions, insurers or health care providers.
SB315-SSA2,18,2
1(d) "Insurance transaction" means any of the following involving insurance
2that is primarily for personal, family or household needs:
SB315-SSA2,18,43 1. The determination of an individual's eligibility for an insurance coverage,
4benefit or payment.
SB315-SSA2,18,55 2. The servicing of an insurance application, policy, contract or certificate.
SB315-SSA2,18,146 (e) "Medical care institution" means a facility, as defined in s. 647.01 (4), or any
7hospital, nursing home, community-based residential facility, county home, county
8infirmary, county hospital, county mental health center, tuberculosis sanatorium,
9adult family home, assisted living facility, rural medical center, hospice or other place
10licensed, certified or approved by the department of health and family services under
11s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.032, 50.033, 50.034, 50.35, 50.52, 50.90, 51.04,
1251.08, 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06 or
13252.10 or under ch. 233 or licensed or certified by a county department under s.
1450.032 or 50.033.
SB315-SSA2,18,1615 (f) 1. "Personal medical information" means information concerning an
16individual that satisfies all of the following:
SB315-SSA2,18,1817 a. Relates to the individual's physical or mental health, medical history or
18medical treatment.
SB315-SSA2,18,2019 b. Is obtained from a health care provider, a medical care institution, the
20individual or the individual's spouse, parent or legal guardian.
Loading...
Loading...